Summary: We will not investigate this complaint about an unsuccessful application for a blue badge. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to issue a blue badge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the correspondence about the application, the assessments and the medical evidence. I also considered our Assessment Code.

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My assessment

5. The guidance says that people who can walk 80 metres and do not demonstrate very considerable difficulty in walking are not eligible for a badge. Councils should take into account factors such as pain, speed, balance, gait and shortness of breath when assessing if someone can walk 80 metres. The guidance says that people who walk slowly will not be eligible if that is the only qualifying factor.
6. Mrs X applied for a blue badge as her existing one was due to expire. She submitted supporting evidence and described her mobility problems. The Council did a mobility assessment and recorded details of Mrs X’s health, medication, reports of pain, use of walking aids, and whether she has fallen. The assessor watched Mrs X walk 80 metres at a slow pace. The assessor noted Mrs X did not need any support but demonstrated mild breathlessness. The assessor also noted Mrs X showed some pain which caused her to stop once during the walk. The Council found Mrs X has some mobility difficulties but not to the extent that she qualifies for a badge. The Council confirmed this decision on appeal.
7. Mrs X disagrees with the Council’s assessment. She says a different council awarded a badge in 2015 and her GP had sent a letter supporting the application. Mrs X disagrees with the observations and findings of the assessor.
8. I will not investigate this complaint because it is unlikely I would find fault. We do not act as an appeal body and can only consider if there is fault in the way the Council makes a decision. It is not my role to re-make the decision or decide if Mrs X is eligible for a badge.
9. Mrs X disagrees with the Council’s decision and has explained how having a badge would help. However, we can only intervene if there is fault in the way the Council made the decision and I have not seen any evidence of fault. The Council considered all the evidence and the decision it reached is consistent with that evidence and the blue badge rules. As there is no suggestion of fault there is no reason to start an investigation.
10. Mrs X’s previous badge was issued by a different council. Each application is assessed individually and a previous award is no guarantee a further badge will be issued. Mrs X says the Council ignored her doctor’s opinion but, while supporting medical evidence must be considered, the guidance says councils should place more weight on the independent mobility assessment.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman